SYNOPSIS: NASA is adopting, without change, the proposed revisions of NFS Parts 1801 through 1825. The revisions remove from the Code of Federal Regulations (CFR) version of the NFS those portions of NFS Parts 1801 through 1825 containing information that consists of internal administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. All that remains in the CFR version of NFS Parts 1801 through 1825 is information requiring codification and subject to public comment.

SUPPLEMENTAL INFORMATION: Federal Acquisition Regulation (FAR) Subpart 1.3 addresses agency acquisition regulations. Paragraph (a)(2) of FAR 1.301, Policy, states that "an agency head may issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements)." Since FAR 1.303, Publication and Codification, states that issuances under FAR 1.301(a)(2) need not be published in the Federal Register, NASA is not required to publish and codify internal agency guidance, but had been doing so as a matter of policy.

NASA decided to revise the practice by publishing in the CFR version of the NFS only those regulations that may have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors. The Internet version of the NFS will continue to provide, in a single document, both the regulations subject to public comments and internal agency guidance and procedures that do not require public comment. Changes to the CFR version of the NFS (that is, the portions of the NFS that require public comment) will continue to be amended by publishing changes in the Federal Register. Changes to the CFR version of the NFS, along with changes to internal guidance and procedures, will be incorporated into the Internet version of the NFS through Procurement Notices (PNs).

NASA published proposed rules on November 17, 2003, and December 22, 2003, to remove unnecessary portions of NFS Parts 1801 through 1825. One comment was received, but NASA has decided to adopt the proposed changes as final without changes.